TULLY & TONER

The parties to this proceeding were Tully & Toner, the applicants, and the respondent, whose identity is not specified in the provided text. The dispute concerned an application made by Tully & Toner. The decision was delivered by Costigan J.

The central legal issue before the court was whether the applicants, Tully & Toner, were entitled to an order for the specific performance of a contract. This involved determining if the circumstances of the case warranted the equitable remedy of specific performance, rather than damages.

Costigan J considered the principles governing the grant of specific performance. The court's reasoning focused on whether the contract was one that equity would enforce. This would typically involve assessing factors such as the certainty of the terms, the adequacy of damages as a remedy, and whether performance would be just and equitable in the circumstances. The court applied established equitable principles to the facts before it to determine if the threshold for specific performance was met.

The provided text does not specify the final orders or outcome of the proceeding.